SHYAM SUNDER PROP, M/S TC FILLING STATION (AD HOC) HPC PETROL PUMP, VILLAGE AJRAWAR DISTRICT KURUKSHETRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner challenges through this writ petition, the notice of cancellation of the dealership to operate the retail of the respondent No. 2 -Petroleum Company and a demand by the Company to handover the premises or to setting accounts and sale. The cancellation of the dealership agreement had been on the ground that the outlet had been offered on temporary basis subject to after 15 days of notice and that the notice was given terminating the same and requiring the delivery of the premises.

(2.) THE petitioner feels aggrieved that advertisement issued by respondent No. 2 on 21st May, 2002 inviting persons, who were exclusive owners or co -owners of the property was to enter into a contract for transfer of plot of land by way of sale/lease for a period of minimum 30 years with renewal option to the second respondent and therefore he had offered his property on leave under the belief that he would also be granted long period of dealership for establishing the outlet. Lease deed was executed for a period of 30 years on 24th July, 2003 under such a belief and by letter dated 25th August, 2005, the dealership was offered to the petitioner. During the subsistence of the period of dealership, the second respondent was purported to be guided by a policy of Government of India through the Ministry of Parliament Natural Gas which envisaged a scheme of operating of retail outlets to provide commercial freedom to the public sector Oil Marketing Companies (OMCs) and Companies Owned Company Operated (COCO) entities. The policy also envisaged phasing out of the temporary COCO retail outlets within a period of one year and offering and handing over such outlets to pending letter of intent -holders. The policy statement had been issued on 6th September, 2006 and the cancellation of the dealership scheme of the petitioner was purported to have been initiated by the change in a policy.

(3.) TO ascertain whether the advertisement suggested any inference by the person who was invited through such process to make offer for sale or lease that he would also be assured of a grant of dealership in relation to the property, regard must be had only to the text of advertisement itself. The advertisement reads as follow: -